Patna High Court
Deepa Devi @ Deepa KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PURNENDU SINGH
Holding
The court held that pre‑arrest bail could not be granted in the present case.
Summary
The petitioners, Deepa Devi and Pinkesh Kumar Bishwas, were arrested in connection with PS Mahalgaon Case No. 66 of 2026 for alleged offences under Sections 8(c), 21(b), and 29 of the NDPS Act read with Section 111 of the Bihar Narcotic Substances Act. They applied for pre‑arrest bail before the Patna High Court. The learned judge examined the allegations in the FIR and concluded that the seriousness of the charges did not warrant the grant of pre‑arrest bail. Consequently, the court declined to enlarge bail and directed the petitioners to surrender before the District Court to seek regular bail. The judge further indicated that the District Court could dispose of the regular bail application on the basis of material gathered during investigation. The bail application was therefore disposed of.
Issues considered
- Whether the petitioners are entitled to pre‑arrest bail for offences under the NDPS Act and the Bihar Narcotic Substances Act.
Legislation cited
- Bihar Narcotic Substances Act — s. 111
- Narcotic Drugs and Psychotropic Substances Act — s. 21(b), 29, 8(c)
Subjects
- pre‑arrest bail
- NDPS Act
- Bihar Narcotic Substances Act
- criminal procedure
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43766 of 2026
Arising Out of PS. Case No.-66 Year-2026 Thana- MAHALGAON District- Araria
======================================================
1. Deepa Devi @ Deepa Kumari Wife of Deepak Kumar Bishwas @ Deepak
Kumar Resident of village - Borail, Ward no. 10, Ps- Mahalgaon, Dist-
Araria
2. Pinkesh Kumar Bishwas @ Pinkesh Kumar @ Pinkash Kumar son of
Siyaram Bishwas Resident of village - Borail, Ward no. 10, Ps- Mahalgaon,
Dist- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kishore Bharti, Advocate
For the Opposite Party/s : Mr. Ajay Kumar Jha, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 08-07-2026 Heard Mr. Vijay Kishore Bharti, learned counsel
appearing on behalf of the petitioner and Mr. Ajay Kumar Jha,
learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Mahalgaon P.S. Case No. 66 of 2026 registered for the
offence punishable under Sections 8(c), 21(b), 29 of the NDPS
Act read with Section 111 of the B.N.S.
3. Having considered the allegation made against the
petitioners in the FIR, I am not inclined to enlarge the
petitioners on pre-arrest bail.
4. However, the petitioners, if so advised, may
surrender before the learned District Court and seek regular bail.
Patna High Court CR. MISC. No.43766 of 2026(2) dt.08-07-2026
2/2
In that case, the learned District Court may consider to disposed
of the bail application of the petitioners on the same day on the
basis of material which has come in course of investigation.
5. Accordingly, the present bail application stands
disposed of.
(Purnendu Singh, J)
Niraj/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.